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Chapter 4 COPYRIGHT NOTICE, DEPOSIT, AND

REGISTRATION

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Sec.
401. Notice of copyright: Visually perceptible copies.
402. Notice of copyright: Phonorecords of sound recordings.
403. Notice of copyright: Publications incorporating United States Government

works.
404. Notice of copyright: Contributions to collective works.
405. Notice of copyight: Omission of notice.
406. Notice of copyright: Error in name or date.
407. Deposit of copies or phonorecords for Library of Congress.
408. Copyright registration in general.
409. Application for registration.
410. Registration of claim and issuance of certificate.
411. Registration as prerequisite to infringement suit.

412. Registration as prerequisite to certain remedies for infringement. 3 8 401. Notice of copyright: Visually perceptible copies 4 (a) GENERAL REQUIREMENT.—Whenever a work protected under 5 this title is published in the United States or elsewhere by authority of 6 the copyright owner, a notice of copyright as provided by this section 7 shall be placed on all publicly distributed copies from which the work 8 can be visually perceived, either directly or with the aid of a machine 9 or device. 10 (b) FORM OF NOTICE.—The notice appearing on the copies shall con11 sist of the following three elements : 12

(1) the symbol © (the letter C in a circle), the word “Copy13 right,” or the abbreviation “Copr."; 14

(2) the year of first publication of the work; in the case of 15 compilations or derivative works incorporating previously pub16 lished material, the year date of first publication of the compila17 tion or derivative work is sufficient. The year date may be omitted 18 where a pictorial, graphic, or sculptural work, with accompanying 19 text matter, if any, is reproduced in or on greeting cards, post20 cards, stationery, jewelry, dolls, toys, or any useful articles; 21

(3) the name of the owner of copyright in the work, or an ab22 breviation by which the name can be recognized, or a generally 23 known alternative designation of the owner. 24 (c) POSITION OF NOTICE.— The notice shall be affixed to the copies 25 in such manner and location as to give reasonable notice of the claim 26 of copyright. The Register of Copyrights shall prescribe by regula27 tion, as examples, specific methods of affixation and positions of the 28 notice on various types of works that will satisfy this requirement, but 29 these specifications shall not be considered exhaustive. 30 8 402. Notice of copyright: Phonorecords of sound recordings 31 (a) GENERAL REQUIREMENT.-Whenever a sound recording protect

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1 ed under this title is published in the United States or elsewhere by 2 authority of the copyright owner, a notice of copyright as provided 3 by this section shall be placed on all publicly distributed phonorecords 4 of the sound recording. 5 (b) FORM OF NOTICE.—The notice appearing on the phonorecords 6 shall consist of the following three elements: 7

(1) the symbol ® (the letter P in a circle); 8

(2) the year of first publication of the sound recording; 9

(3) the name of the owner of copyrights in the sound record10 ing, or an abbreviation by which the name can be recognized, or a 11 generally known alternative designation of the owner; if the 12 producer of the sound recording is named on the phonorecord 13 labels or containers, and if no other name appears in conjunction 14 with the notice, his name shall be considered a part of the notice. 15 (c) POSITION OF NOTICE.—The notice shall be placed on the surface 16 of the phonorecord, or on the phonorecord label or container, in such 17 manner and location as to give reasonable notice of the claim of copy18 right. 19 8 403. Notice of copyright: Publications incorporating United 20

States Government works 21 Whenever a work is published in copies or phonorecords consisting 22

preponderantly of one or more works of the United States Govern23 ment, the notice of copyright provided by section 401 or 402 shall 24 also include a statement identifying, either affirmatively or negatively, 25 those portions of the copies or phonorecords embodying any work or 26 works protected under this title. 27 8 404. Notice of copyright: Contributions to collective works 28 (a) A separate contribution to a collective work may bear its own 29 notice of copyright, as provided by sections 401 through 403. How30 over, a single notice applicable to the collective work as a whole is 31 sufficient to satisfy the requirements of sections 401 through 403 with 32 respect to the separate contributions it contains (not including adver33 tisements inserted on behalf of persons other than the owner of copy34 right in the collective work), regardless of the ownership of copyright 35 in the contributions and whether or not they have been previously 36 published. 37 (b) Where the person named in a single notice applicable to a col38 lective work as a whole is not the owner of copyright in a separate 39 contribution that does not bear its own notice, the case is governed 40 by the provisions of section 406(a).

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1 8 405. Notice of copyright: Omission of notice 2 (a) EFFECT OF OMISSION ON COPYRIGHT.—The omission of the copy3 right notice prescribed by sections 401 through 403 from copies or 4 phonorecords publicly distributed by authority of the copyright owner

does not invalidate the copyright in a work if: 6

(1) the notice has been omitted from no more than a relatively 7 small number of copies or phonorecords distributed to the public; 8 9

(2) registration for the work has been made before or is made 10 within five years after the publication without notice, and a rea11 sonable effort is made to add notice to all copies or phonorecords 12 that are distributed to the public in the United States after the 13 omission has been discovered; or 14 (3) the notice has been omitted in violation of an express re15 quirement in writing that, as a condition of the copyright owner's 16 authorization of the public distribution of copies or phonorecords, 17 they bear the prescribed notice. 18 (b) EFFECT OF OMISSION ON INNOCENT INFRINGERS.—Any person 19 who innocently infringes a copyright, in reliance upon an authorized 20 copy or phonorecord from which the copyright notice has been omitted, 21 incurs no liability for actual or statutory damages under section 504 22 for any infringing acts committed before receiving actual notice that 23 registration for the work had been made under section 408, if he proves 24 that he was misled by the omission of notice. In a suit for infringe25 ment in such a case the court may allow or disallow recovery of any 26 of the infringer's profits attributable to the infringement, and may 27 enjoin the continuation of the infringing undertaking or may require, 28 as a condition for permitting the infringer to continue his undertak29 ing, that he pay the copyright owner a reasonable license fee in an 30 amount and on terms fixed by the court. 31 (c) REMOVAL OF NOTICE.—Protection under this title is not affected 32 by the removal, destruction, or obliteration of the notice, without the 33 authorization of the copyright owner, from any publicly distributed 34 copies or phonorecords. 35 8 406. Notice of copyright: Error in name or date 36 (a) ERROR IN NAME.-Where the person named in the copyright 37 notice on copies or phonorecords publicly distributed by authority of 38 the copyright owner is not the owner of copyright, the validity and 39 ownership of the copyright are not affected. In such a case, however, 40 any person who innocently begins an undertaking that infringes the 1 copyright has a complete defense to any action for such infringement 2 if he proves that he was misled by the notice and began the undertak3 ing in good faith under a purported transfer or license from the person 4 named therein, unless before the undertaking was begun : 5

(1) registration for the work had been made in the name of 6 the owner of copyright; or 7

(2) a document executed by the person named in the notice 8 and showing the ownership of the copyright had been recorded. 9 The person named in the notice is liable to account to the copyright 10 owner for all receipts from purported transfers or licenses made by 11 him under the copyright. 12 (b) ERROR IN DATE.—When the year date in the notice on copies or 13 phonorecords distributed by authority of the copyright owner is 14 earlier than the year in which publication first occurred, any period 15 computed from the year of first publication under section 302 is to be 16 computed from the year in the notice. Where the year date is more 17 than one year later than the year in which publication first occurred, 18 the work is considered to have been published without any notice and 19 is governed by the provisions of section 405. 20 (c) OMISSION OF NAME OR DATE.—Where copies or phonorecords 21 publicly distributed by authority of the copyright owner contain no 22 name or no date that could reasonably be considered a part of the 23 notice, the work is considered to have been published without any 24 notice and is governed by the provisions of section 405. 25 8 407. Deposit of copies or phonorecords for Library of Congress 26 (a) Except as provided by subsection (c), the owner of copyright .27 or of the exclusive right of publication in a work published with no28 tice of copyright in the United States shall deposit, within three 29 months after the date of such publication : 30 (1) two complete copies of the best edition; or 31

(2) if the work is a sound recording, two complete phono32 records of the best edition, together with any printed or other 33 visually-perceptible material published with such phonorecords.

This deposit is not a condition of copyright protection. 35 (b) The required copies or phonorecords shall be deposited in the 36 Copyright Office for the use or disposition of the Library of Congress. 37 The Register of Copyrights shall, when requested by the depositor 38 and upon payment of the fee prescribed by section 708, issue a receipt 39 for the deposit. 40 (c) The Register of Copyrights may by regulation exempt any

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i categories of material from the deposit requirements of this section, 2 or require deposit of only one copy or phonorecord with respect to 8 any categories.

(d) At any time after publication of a work as provided by sub5 section (a), the Register of Copyrights may make written demand 6 for the required deposit on any of the persons obligated to make the 7 deposit under subsection (a). Unless deposit is made within three 8 months after the demand is received, the person or persons on whom 9 the demand was made are liable: 10

(1) to a fine of not more than $250 for each work; and 11 (2) to pay to the Library of Congress the total retail price of 12 the copies or phonorecords demanded, or, if no retail price has 13 been fixed, the reasonable cost to the Library of Congress of 14 acquiring them. 16 8 408. Copyright registration in general 16 (a) REGISTRATION PERMISSIVE.- At any time during the subsistence 17 of copyright in any published or unpublished work, the owner of copy18 right or of any exclusive right in the work may obtain registration of 19 the copyright claim by delivering to the Copyright Office the deposit 20 specified by this section, together with the application and fee specified 21 by sections 409 and 708. Subject to the provisions of section 405(a), 22 such registration is not a condition of copyright protection. 23 (b) DEPOSIT FOR COPYRIGHT REGISTRATION.—Except as provided by 24 subsection (c), the material deposited for registration shall include: 25

(1) in the case of an unpublished work, one complete copy or 26 phonorecord; 27 (2) in the case of a published work, two complete copies or 28 phonorecords of the best edition; 29

(3) in the case of a work first published abroad, one complete 30 copy or phonorecord as so published; 31

(4) in the case of a contribution to a collective work, one com32 plete copy or phonorecord of the best edition of the collective 33

work. 34 Copies or phonorecords deposited for the Library of Congress under 35 section 407 may be used to satisfy the deposit provisions of this section, 36 if they are accompanied by the prescribed application and fee, and by 37 any additional identifying material that the Register may, by regula38 tion, require. 39 (c) ADMINISTRATIVE CLASSIFICATION AND OPTIONAL DEPOSIT.—The 40 Register of Copyrights is authorized to specify by regulation the

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